The Mudcat Café TM
Thread #134667   Message #3065143
Posted By: JohnInKansas
01-Jan-11 - 03:22 PM
Thread Name: Copyrighting A Traditional Song
Subject: RE: Copyrighting A Traditional Song
At an international copyright convention a while back, a group of "tiny nations"(?) did attempt to assert that all traditional music originating in their jurisdictions are the property of "their governments" and that they should be paid for any use of them. Recollection is that the nations involved were mainly in African and Carribean areas(?).

So far as I could tell, the demand was not incorporated into any agreements made by the convention, although there were apparently some "assertions of claims" for a while after the convention ended. I don't recall seeing any published record of anyone paying them anything, but it might have happened without finding space among the sex crimes and dalliances that do get reported.

That, however, would make it difficult for an individual to copyright any such tune in his/her own name, although an "original arrangement," a lyric that was original, or a "parody" might be eligible for separate copyright and collection of royalties. There would appear to be several common arguments that could be used to "justify" royalties for the subject at hand, and the main element is that there appears to be someone with "authority" and willingness to collect for the "creator."

John